Section 35.232. Reopening by presiding officer

Prior to the filing of his proposed report a presiding officer, after notice to the participants, may reopen the proceeding for the reception of further evidence on his own motion, if he has reason to believe that conditions of fact or of law have so changed as to require, or that the public interest requires, the reopening of the proceeding.

Notation

Notes of Decisions

If the proposed report contains no recommended resolution to the matter, but only orders additional hearings, the Commission may properly return the matter to the administrative law judge with the direction to conduct further hearings, if necessary, or to resolve the issues and to present them to the Commission for its final determination. Hillman Coal and Coke Co. v. Pennsylvania Public Utility Commission, 433 A.2d 634 (Pa. Cmwlth. 1981).

Cross References

This section cited in 4 Pa. Code § 89.33 (relating to decisions); 25 Pa. Code § 1021.133 (relating to reopening of record prior to adjudication); 28 Pa. Code § 301.7 (relating to fair hearing); 34 Pa. Code § 131.101 (relating to briefs, findings of fact and close of record); 51 Pa. Code § 21.29 (relating to finality; reconsideration); 52 Pa. Code § 5.431 (relating to close of the record); 52 Pa. Code § 5.571 (relating to reopening prior to a final decision); 52 Pa. Code § 1005.171 (relating to close of the record); 52 Pa. Code § 1005.221 (relating to reopening prior to a final decision); 55 Pa. Code § 41.201 (relating to reopening of record prior to adjudication); and 58 Pa. Code § 494a.6 (relating to reopening of record).